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(영문) 서울서부지방법원 2016.07.15 2016고정528
도로교통법위반(사고후미조치)등
Text

1. The defendant shall be punished by a fine of 3,500,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant,

1. On November 6, 2015, while under the influence of alcohol level of 0.219% among the blood transfusion around 01:10, he/she drives a efured car at a section of about 5km from the Gu office in Jongno-gu Seoul, Jongno-gu to the front of the convenience store D, Seodaemun-gu, Seoul;

2. At the time of the day set forth in paragraph 1, as above, while under the influence of alcohol, the said vehicle was driven along the above vehicle and was driven along the two-lanes of Skick Station 50, Seoul Seo-gu, Seoul, Skick Station 50, the two-lanes in the direction of the household in the gold tunnel. While changing the course to three-lanes in the direction of the household, the said vehicle was driven along the two-lanes in the direction of the household in the gold tunnel, it did not take necessary measures so that the said vehicle was damaged to make the repair estimate amounting to 465,128 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Data for video management of CCTV records (hereinafter referred to as such video);

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. Application of the written estimate statutes;

1. Relevant Article of the Act and Articles 148-2(2)1 and 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of failing to take any measure after destruction) of the Road Traffic Act concerning criminal facts, the selection of fines for each crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Articles 53 and 55 (1) 3 of the Criminal Act (Article 53 and 55 (1) 3 of the Criminal Act (The following factors, such as favorable circumstances, etc. among the reasons for sentencing).

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: The length of the defendant's vehicle driven while in his/her main place is long, the blood alcohol concentration is high, and the defendant escaped a longer distance and causes danger to traffic, such as making the victim progress a long time, etc.;

1. favorable circumstances: The fact that the defendant misleads the defendant, the damage of the traffic accident in the holding is minor, and the defendant commits it;

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